§ Mr. Douglas-Mannasked the Secretary of State for the Home Department whether he will make a statement as to the circumstances in which persons who are below the age of 18 years and who have been settled in the United Kingdom since before the Immigration Act 1971 came into force may be deported though they have not committed any criminal offence.
§ Mr. RaisonUnder section 7 of the Immigration Act 1971 a Commonwealth citizen of any age is exempt from liability to deportation under the powers contained in section 3(5) if he was ordinarily resident here on 1 January 1973, when the Act came into force, and had either been ordinarily resident at all times since or at the date of decision had for the last five years been so resident. However, a person who has entered the United Kingdom in breach of the immigration laws may be removed from the country as an illegal entrant under the provisions of schedule 2. The definition of an illegal entrant—in section 33(1)—as interpreted by the courts includes a person who entered in breach of the immigration laws before the coming into operation of the Act. In accordance with decisions of the courts, a person of any age whose apparent leave to enter is vitiated by deception, employed either by himself or by another, as to his identity or eligibility for admission, is an illegal entrant. Applications to benefit under the terms of the previous Administration's "amnesty" announcements regarding certain illegal entrants who last entered before 1 January 1973 had to be made by 31 December 1978.
All cases involving illegal entrants are carefully considered on their individual merits, but it is the Government's normal practice, in the interest of maintaining a firm control over immigration, to send 330W away people found to have entered illegally. An exception is made where it is considered that this is justified by compassionate considerations. These include length of residence and an assessment of ties established in this country as against those overseas.